HomeMy WebLinkAboutAPRIL 19,1983_2
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
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I
INVOCATION:
PLEDGE OF
ALLEGIANCE
ROLL CALL
READING OF
TEXTS OF
ORDINANCES
& RESOLU-
TIONS
WAIVED
N~r OATHS
ADMiNISTERED
~
PLANNING
COMMISSION
(Well s)
~i PERSONNEL
BOARD
(Clarke)
I
i i
M I N U TE S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
APRIL 19, 19B3
The City Council of the City of Arcadia and the Arcadia Redevelopment
Agency met in a regular session Tuesday, April 19, 19B3 at 7:30 p.m.
in the City Hall Council Chambers.
Dr. Frank Finkbiner, Church of The Good Shepherd
Gino Bruno, Attorney at Law
PRESENT: Councilmen/Members Dring, Haltom, Hannah, Lojeski, Pellegrino
ABSENT: None
It was MOVED by Councilman Dring, seconded by Councilman Haltom and
carried on roll call vote as follows that the reading of the full text
of ordinances and resolutions be WAIVED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
The City Clerk administered the Oath of Office to Jack Wells, recent
appointee to the Planning Commission to fill out the unexpired term of
William Kuyper and for a fU,ll four-year term beginning July 1, 19B3.
Councilman Lojeski presented credentials to Mr. Wells and welcomed him
to the official City family.
The City Clerk administered the Oath of Office to James Clarke, recent
appointee to the Personnel Board for the unexpired term of Joe E. Earll,
Jr. to June 30, 1986. Councilman Hannah presented credentials to Mr.
Clarke and welcomed him to the official City family.
REORGANIZATION OF THE CITY COUNCIL
FOR 1983- 19B4
Pursuant to the provisions of Article IV,
Section 404, Subsection (b) of the Arcadia
City Charter, in off-numbered Years during
the month of April, the Council should
choose one of its members as Mayor and one
of its members as Mayor Pro Tempore.
The City Clerk declared the office of Mayor vacant and asked for
nominations. Councilman Hannah placed in nomination the name of
Councilman Dennis A. Lojeski for the office of Mayor for the ensuing
year. No other nominations were made and a unanimous vote was cast.
Mayor Lojeski assumed his place as Mayor, and placed in nomination the
name of Councilman Hannah as Mayor Pro Tempore for the ensuing year.
No other nominations were made and a unanimous vote was cast.
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ROLL CALL
1. HEARING
APPEAL
1002 S.
Baldwin
APPROVED
(RESOLUTION
MIi r3)
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On behalf of the City Council, Mayor Lojeski presented to former Mayor
Pellegrino a plaque in appreciation for his many efforts and accomplish-
ments during his tenure as Mayor.
Commendations and congratulations were then presented to Councilman
Pellegrino from the following:
Assemblyman Richard Mountjoy
Italian Catholic Federation
Arcadia Chamber of Commerce
Santa Anita Little League
U.S. Senator Pete Wilson
U.S. Congressman John Rousselot
U.S. Congressman Carlo~ Moorhead
San Gabriel Valley Council of
the Boy Scouts of America
Councilman Pellegrino expressed his sincere appreciaton to his col-
leagues for the opportunity of serving as Mayor, stating in part that
it has been a most rewarding year and will long be remembered. He
then introduced members of his immediate family and friends and
thanked them for the strong support and understanding they had given
during his year as Mayor.
Mayor Pro Tempore Hannah expressed appreciation to the members of the
Council for extending him the opportunity of serving in this capacity
and said in part that he looked forward to the ensuing year. He then
introduced his immediate family and friends.
I
Mayor Lojeski then expressed his deep appreciation to his colleagues
for electing him to preside as t~yor during 1983-84 ... that he realized
the responsibility and time involved and he will do his utmost to accomp-
lish what is best for the community and its citizens. He then introduced
his immediate family and friends who were present to wish him well.
Mayor Lojeski introduced former Mayors Gilb and Saelid, including former
Mayor Pellegrino.
RECESS
Roll call of the reorganized City Council.
PRESENT:
ABSENT :
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
Appeal from the decision of Planning Commission Resolution No. 1228
relating to a request to change the use of an existing take-out food
establishment to an eating establishment with 5 tables and 20 chairs
at 1002 South Baldwin Avenue. The Commission had recommended denial
of this request. Mayor Lojeski declared the hearing open.
Mrs. Susan Poulsen, on behalf of the applicant, filed this appeal and
stated in part that it is the intention of-the applicant to place a
few tables and chairs in the donut shop as a convenience for the
customers who do not spend much time in the shop; that many potential
customers leave when they discover there are no seating facilities, and I
income is lost due to this. As co-owner and manager fO,r the entire
commercial complex at and adjacent to said location, Mrs. Poulsen
continued in part that the parking is more than adequate as she cannot
recall when the parking lot in the rear has been full... there are 33
on-site parking spaces which are more than sufficient.
No one else desiring to be heard, the hearing was CLOSED on MOTION by
Councilman Pellegrino, seconded by Councilman Dring and carried.
Discussion ensued on the parking, which it was agreed, seemed more than
adequate - with Councilman Haltom explaining in detail his experience
at the donut shop .., he stops rather frequently there and he has never
observed any parking difficulty. The number of tables and chairs was
considered and it was the consensus ,that 5 tables and 20 chairs be per-
mitted. Whereupon it was MOVED by Councilman Hannah, seconded by
Councilman Haltom and carried on roll call vote as follows that the
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2. HEARING
APPEAL
(C. U.P.)
11 E. J
Foothill
APPROVED
), tJff
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3. HEARING
333-421 E.
Hun t i ngton
Remova 1 of
"H" Zone
APPROVED
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decision of the Planning Commission in its Resolution No. 1228 be
reversed and that the appeal be granted and that 5 tables and 20 chairs
be permitted. The City Attorney is to prepare the appropriate resolu-
tion for Council consideration at the next regular meeting (May 3).
AYES
NOES
ABSENT:
Counc;,.men Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
Appeal from Planning Commission Resolution No. 1225 granting a
Conditional Use Permit to allow an eating establishment at 11 East
Foothill Boulevard. This is for a bakery with tables. Concern was
expressed by the City Council regarding the limitation on the number
of tables and chairs recommended by the Commission (12 tables and 12
chairs), and Council subsequently appealed this decision.
Mayor Lojeski declared the hearing open and the applicant, Simon Zervos,
explained his reasons for initially requesting 12 tables with a maximum
seating for 24 persons for his proposed bakery at 11 East Foothill
Boulevard. The tables would be the small type used in ice cream par-
lors - about 18" in diameter. He would use 2 chairs for each table.
He felt this would create the desired atmosphere for his bakery. He
would serve hot bakery specialties and a customer who wished, could
eat a pastry on the premises.
No one else desiring to be heard, the hearing was CLOSED on MOTION by
Councilman Dring, seconded by Councilman Pellegrino and carried.
Following considerations it was MOVED by Councilman Hannah, seconded by ,
Councilman Pellegrino and carried on roll call vote as follows that
Council find the proposed project will not have a significant effect on
the environment and that the Commission's Resolution No. 1225 be
approved with Section 3 amended to indicate a maximum of 12 eighteen
inch tables with 24 chairs, ana all other conditions therein to be tom-
plied with.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
Staff noted that in November of 1981 Robert J. Low filed a Zone Change
Application to add an "H" (high rise) overlay to his property at 333-
421 East Huntington Drive. The Planning Co1i1mission held a publ ic hear-
J ing on this requested zone change, finding that the "H" overlay would
be appropriate if conditioned on the Low's proposed project being
constructed substantially as presented at that time. Resolution 1184
was subsequently adopted recommending approval of ,the zone change. On
January 5, 1983 Council held a public hearing and approved the zone
change by Ordinance No. 1742 with the "H" overlay. At its February 1,
1983 regular meeting, Council directed staff to initiate a zone change
for the consideration of removing the existing "H" overlay zone, as the
Planning Commission did not bel ieve the development of ,the subject area
had progressed in an expeditious manner and to retain the "H" overlay
on this property without such development would inhibit potential
development of other properties in the area.
The Planning Commission at its March 22, 1983 meeting adopted Reso-
lution No. 1229 recommending approval of a zone change from CPD-l & H
(high rise) to CPD-l for the subject site. The Planning Commission
advised Countil this date that its initial study of the proposed
project disclosed no substantial or potentially substantial adverse
change in any physical conditions within the area and a Negative
Declaration has been prepared; however, in the exercise of i"ts'Tegis-
lative discretion, Council may consider the public welfare in addition
to the, Planning Commission's findings as the basis of recommending
rezoning CPD-l & H to CPD-l. '
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')/0 OLYMPIC
!'" COMMISSION
BY-LAWS
APPROVED
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Mayor Lojeski declared the hearing open and Bruce Low, 1120 San Carlos,
was advised on the correct resolution number relating to the subject
hearing. The correct number is 1229. Mr. Low asked Council to continue
the public hearing until such time as the City Council, the owners of
the subject property, and representatives from the Arcadia Datsun, have
an opportunity to discuss this matter. He said that this request is
based partically on the newness of the City Attorney; that perhaps he
has not been brought up to date. The City Attorney said in part he has
reviewed the situation and has been fully briefed by staff ... he has
reviewed a multitude of files and did not have any need for a continuance.
Bill Connolly, 815 East Camino Real, stated in part that it would be
wrong to repeal the "H" zone at this time. He summarized events of the I
last four years, including various developers who were interested in the
area, most of whom wanted the "H" zoning which was not in existence at
that particular time. Eventually the area was rezoned for high rise.
In his summary he noted a brochure advertising the southwest corner of
Fifth Avenue and Huntington Drive stating, "maximum of eight.stories"
... that Council should think in terms of future de,,ielopments in the
area and the "H" zone may be removed at any time Council shoul d so
desire, based on the needs of a developer.
No-one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Dring, seconded by Councilman Hannah and carried.
It was MOVED by Councilman Dring, seconded by Councilman Haltom and
carried on roll call vote as follows that Council approve and file the
Negative Declaration and find that the project will not have a signifi-
cant effect on the environment and that the City Attorney prepare the
appropriate ordinance for introduction.
During the ensuing discussion Councilman Hannah stated for the record,
"I am completely in sympathy with Mr. Low and I think some of the
circumstances are not of his doing. I feel the City has handled the
matter properly as far as proper notices and legal situations. I think
having the automobile agency here is a viable asset to the City. I
think Mr. Low is making every effort to convey to us his thoughts in
this matter, but I think we need more one-on-one discussion in a public
session. I am sympathetic with his position. Even if we exercise the
appeal tonight, I would like to suggest that we immediately sit down __
with Mr. Low in a public meeting and discuss this matter and see how we
can help him. Obviously he is helping the City with the tax base. Pos-
sibly there have been some misunderstandings in the past. I'm new on
the City Counc i 1 and Mr. Lojes ki is new on the Counc il since th i s addi-_
tional H-overlay was granted. I think it might be advantageous to Mr.
Low and to the City to sit down on a one-on-one basis and talk with
the Council. I don't think it's necessary to amend the MOTION, but I
certainly would suggest that we immediately commence discussion with
him. Mr. Low made a statement earlier there were facts that we were
not aware of and I would like to be made aware of those facts."
CounGilman Pellegrino concurred and said in part that the City should
help retain the tax increment in the City.
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Roll call vote was then taken on the MOTION to remove the "H" zoning.
AYES
NOES :
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
Per Council's direction the City Attorney redrafted the Arcadia Olympic
Commission's By-Laws (Rules) setting forth the meeting dates, powers
and duties and a limitation clause providing that the Commission is
primarily an advisory body and that, no expenditures other than those
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ROLL CALL PRESENT:
61 "'2 'Z-;1/ ABS ENT :
( ()..1 I "-
O.P.A.
REVIEW
MAY 3
t
ADJOURNED
6.
I'V
1\
I ,. HEARINGS
SCHEDULED
MAY 3
7b. /
7c. May 1 /
25:0709
for which, $200 has been allocated shall be made without approval of the
Council... neither the Commission or any of ,its members shall repre-
sent or otherwise hold itself out to be an agent or instrumentality of
the City with re9ard to any financial commitments of the Commission.
These rules had been reviewed by the Commission.
It was MOVED ,by Councilman Dring, seconded by Councilman Haltom and
carried on roll call vote as follows that the By-Laws be APPROVED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
Council adjourned in order to act as the
ARCADIA REDEVELOPMENT AGENCY
Members Dring, Haltom, Hannah, Pellegrino, Lojeski
None
Member Dring requested staff to place
consideration the Owner Participation
Robert J. Low.
on the May 3 agenda for Agency
Agreement between the Agency and
I'lt
The Agency then adjourned to 7 p.m. May 3, 1983 in the Conference Room.
AUDIENCE PARTICIPATION
Bill Connolly, 815 East Camino Real, Arcadia, reiterated some of the
remarks he made earlier in this meeting concerning "H" (high rise)
zoning.
Dr. Russell Maatz, Emergency Room Physician at the'Methodist Hospital,
explained at length the new trauma center in the emergency facility at
the hospital. All City officials were invited to inspect the center
and told of the need for total commitment of the community and to
acquaint the citizenry with the care provided. They are endeavoring
to receive designation from the County. The center will be dedicated
in late May of this year.
Richard Marvin, 38 North Third Avenue, read a communication in full
directed to the City Council concerning a detailed Relocation Plan in
connection with the Central Redevelopment Area. He urged Council to
make a commitment to build replacement housing for all low and moderate
income persons who will be displaced by redevelopment. (Letter on file
in the Office of the City Clerk.)
CONSENT ITEMS
{Planning Commission Resolution No. 1232, recommending a text amendment
(to amend Section 9276.2.1 of the Arcadia Municipal Code relating to
{building height in the "H" (high rise) overlay zone.
{
{Planning Commission Resolution No. 1233 recommending a text amendment
{to amend Section 9276.2.11 of the Arcadia Municipal Code to increase
{the number of off-,street parking spaces for certain uses in the "H"
({high rise) overlay zone.
Petition for street light installation on LeRoy Avenue between Holly
and Lovell. The petition represents 24 of the 37 properties, or 65%
positive response for the area to be benefitted. '
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7d. C.U.P.
106 E.
Foothill
p,~
7e. C.U.P. ,;
251 N.
Santa Anita
Hour,s ,
Extended
7f. WATERLINE &
FIRE
HYDRANTS
CONTRAS~ , , ~
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79/ AGENDA ITEM
MAY 3
25:071 0
j APPROVED Planning Commission Resolution No. 1231 granting a Conditional
Use permit to allow a change in use from a takeout food establishment
to an eating establishment at 106 East Foothill Boulevard pursuant to
the conditions set forth in said resolution.
APPROVED Planning Commission Resolution No. 1234 amending one of the
conditions of the Conditional Use Permit relating to the hours of
operation of the Cask N Cleaver Restaurant at 251 North Santa Anita
Avenue to 11 :30 a.m. to 2 a.m.
AWARDED contract to the low bidder, Robert Milich Construction Company,
in the amount of $48,413 for the installation of 12" waterline and fire
hydrants in Cornell Drive, Windsor Road and Newman Avenue. All other I
bids were rejected and any irregularities or informalities in the bids .
or bidding process were waived and the Mayor and City Clerk were .
AUTHORIZED to execute the contract in form approved by the City Attorne :
Funds in Federal Revenue Sharing.
An agenda item (7g.) relating to Group W Cable System will be placed on
the agenda for May 3, 1983 regular meeting.
7h. JOB TRAINING APPROVED the adoption of a resolution (No. 5091) supporting the estab-
PROGRAM ~t~lishment of a ,service delivery area pursuant to the Job Training
, ll)/lIN! . Partnership Act. This indicates that the City will join South Pasadena,
)< I., Monrovia, Sierra Madre, Duarte and Pasadena with Pasadena to serve as
the administrator of the program. (RESOLUTION ADOPTED LATER IN THIS
MEETING. )
ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION by Councilman
Dring, seconded by Councilman Haltom and carried on roll call vote as
fo 11 ows:
8a. ORDINANCE
NO. 1769
ADOPTED
./
8b. RESOLUTION
NO. 5090
ADOPTED
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8e. RESOLUTION
NO. 5091
ADOPTED
/
AYES
NOES :
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
The City ,Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1769, entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL
CODE BY AMENDING SECTION 7531.1 TO AUTHORIZE THE SETTING AND AMENDMENT
OF WATER RATES BY RESOLUTION."
It was MOVED by Councilman Dring, seconded by Councilman Pellegrino and
carried on roll call vote as follows that Ordinance No. 1769 be ADOPTED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
The City Attorney presented, explained the content and read the title
of Resolution No. 5090, entitled: "A RESOLUTION OF THE CITY COUNCIL I
OF THE CITY OF ARCADIA'SETTING CITY OF ARCADIA WATER RATES AND FINDING
THE RATES WILL NOT EXCEED THE ESTIMATED AMOUNT NECESSARY TO FUND
OPERATION OF THE CITY WATER SYSTEM."
It was MOVED by Councilman Pellegrino, seconded by Councilman Haltom
and carried on roll call vote as follows that Resolution No. 5090 be
ADOPTED.
AYES
NOES
ABSENT:
Councilmen Haltom, Hannah, Pellegrino, Lojeski
Councilman Dring (felt the rates too hfgh)
None
The City Attorney presented, explained the content and read the title'
of Resolution No. 5091, entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA SUPPORTING THE ESTABLISHMENT OF A SERVICE
DELIVERY AREA PURSUANT TO THE JOB TRAINING PARTNERSHIP ACT."
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It was MOVED by Councilman Dring, seconded by Councilman Haltom,
and carried on roll call vote as follows that Resolution No. 5091 be
ADOPTED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
8d.
RESOLUTION
NO. 5092
ADOPTED
.j
The City Attorney presented, explained the content and read the title
of Resolution No. 5092, entitled:' "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA AUTHORIZING THE CITY MANAGER TO FILE AN APPLI-
CATION WITH THE DEPARTMENT OF TRANSPORTATION, URBAN MASS TRANSIT
ADMINISTRATION, GRANT APPLICATIONS FOR CAPITAL ASSISTANCE FUNDS UNDER
THE URBAN MASS TRANSIT ACT OF 1964 AS AMENDED. II
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It was MOVED by Councilman Dring, seconded by Councilman Pellegrino
and carried on roll call vote as follows that Resolution No. 5092 be
ADOPTED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
Be. CLAIM
DENIED
/
On recommendation of the City Attorney the claim of the Santa Anita
Realty Enterprises and the Los Angeles Turf Club was DENIED on MOTION
by Councilman Dring, seconded by Councilman Haltom and carried on roll
call vote as follows:
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski
None
None
The meeting ADJOURNED at 10 p.m. to 7 p.m. May 3, 1983 in the Conference
Room to conduct the business of the Council and Agency and any Closed
Session, if any, necessary to discuss personnel, litigation matters, and
evaluation of properties.
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ATTEST:
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